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Table of Contents
- Terms of Service Agreement
- Eligibility for Membership
- Participation Requirements
- Modifications to Services
- Privacy and Security Policy
- Username, Password and Security
- Fees
- Participation in Transactions
- Links
- Proprietary Rights
- Acceptable Conduct
- Quality, Use and Transmission of Content
- General Practices Regarding Use and Storage
- Disclaimer of Warranties
- Limitation of Liability
- No Resale of the Services
- Indemnification
- Termination
- Notices
- Arbitration
- Caution Regarding Services Relating to Financial Matters
- General
- Acknowledgment
1. Terms of Service Agreement
This Terms of Service Agreement sets forth the terms and conditions
under which you may access the services provided by Equity Capital Fund, Inc..
Although Equity Capital Fund, Inc.’s services are intended solely for the use
of its associates, visitors who access public areas of our Web site for
informational purposes are also subject to all of the following
terms of service.
By submitting a Membership Application, you are indicating your
agreement to be bound by all of the terms and conditions set forth
below. If you do not accept all of the terms of service or have
questions not answered by our Frequently Asked Questions, do not
submit the Membership Application and please contact Equity Capital Fund, Inc.
at info@equitycapitalfund.com.
Equity Capital Fund, Inc. may change these terms of service from time to time.
Upon any change in these terms of service, Equity Capital Fund, Inc. will post
the amended terms on this Web site. The amended terms of service
shall automatically become effective 30 days after their posting
unless another time is specified. Your continued use of Equity Capital Fund, Inc.'s
services after the posting of the amended terms of service
on this Web site constitutes your affirmative acknowledgment of the
amended terms of service as well as your agreement to abide and be
bound by the amended terms of service.
2. Eligibility for Membership
Our services are available only to U.S. resident individuals or
entities that are accredited investors under U.S. securities laws.
To gain the full benefits of Equity Capital Fund, Inc.’s services, you must
complete both a Membership Application and an Account Application,
and must be able to form legally binding contracts under applicable
law. Use of Equity Capital Fund, Inc.’s services by Equity Capital Fund, Inc. investors
is subject to all of the terms and conditions of the Account
Agreement. If you do not qualify for membership, please do not
attempt to use Equity Capital Fund, Inc.’s services. Equity Capital Fund, Inc. may
refuse to offer its services to any person and may change its
criteria for membership, at any time, at its sole discretion.
Equity Capital Fund, Inc. is not a registered broker-dealer, and any sales,
offers to sell, or solicitations of offers to buy any securities,
whether through this Web site or otherwise, will be made through our
subsidiary broker-dealer. Any broker-dealer services which are
related to the operation of our Web site will be also be provided by
our subsidiary broker-dealer. These services include, without
limitation, approving investor member applications and conducting
communications with member investors that may be construed as offers
to sell or solicitations of offers to buy any investment opportunity
presented to investors on our Web site.
The material on the public areas of the Equity Capital Fund, Inc. Web site is intended
to be used for informational purposes only. All information about
investment opportunities posted on the password-protected areas of
our Web site is solely for the use of approved account holders of
our broker-dealer subsidiary. Under no circumstances may this
information be reviewed by or distributed to any third party.
3. Participation Requirements
In order to participate in the Equity Capital Fund, Inc. services and view
investment opportunities, you must:
- Provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web;
- Provide for your own access to the World Wide Web;
- pay any telephone or other service fees associated with such access;
- Certify that you are an accredited investor resident of the United States;
- Provide certain current, complete, and accurate information about you as prompted by the Account Agreement; and
- maintain and update such account information as required to keep such information current, complete, and accurate.
Equity Capital Fund, Inc. retains the right to terminate your account and the
corresponding rights to use Equity Capital Fund, Inc.’s services if any
account information that you provide is untrue, inaccurate, not
current, or incomplete, or if Equity Capital Fund, Inc. has reasonable grounds
to believe that any account information is untrue, inaccurate, not
current, or incomplete.
4. Modifications to Services
Equity Capital Fund, Inc. reserves the right to modify or discontinue its
services, temporarily or permanently, with or without notice to
associates, and is not obligated to support or update its services. You
acknowledge and agree that Equity Capital Fund, Inc. shall not be liable to
you or any third party in the event that Equity Capital Fund, Inc. exercises
its right to modify or discontinue its services.
5. Privacy and Security Policy
Membership information and other information about Members
is subject to Equity Capital Fund, Inc.'s privacy policy.
All information provided to Equity Capital Fund, Inc. is the sole owner of such information.
Only with the approval of the Member, will Equity Capital Fund, Inc.
forward such information to its syndicated Broker/Dealers. Equity Capital Fund, Inc.
will comply with all Federal, State, and Local Reporting Agencies on the disclosure of any information.
6. Username, Password and Security
Each member selects a password and an account name during the course
of the Equity Capital Fund, Inc. membership process. You are responsible for
maintaining the confidentiality of your password and account name.
Furthermore, you are entirely responsible for any and all activities
which occur under your password or account name. You agree to
immediately notify Equity Capital Fund, Inc. of any unauthorized use of your
account or any other breach of security known to you.
7. Fees
By becoming a member of Equity Capital Fund, Inc.’s investor community, you
agree to pay all subscription, service and usage fees that Equity Capital Fund, Inc.
charges you. Any charges not disputed within 90 days of first appearing on your account statement
will be deemed accepted by you and Equity Capital Fund, Inc. is released from any liability thereafter.
You also agree to pay all federal, state and local taxes applicable
to your use or receipt of Equity Capital Fund, Inc.’s services. You are
responsible for any costs of collection and overdue amounts,
including attorney’s fees.
If you have elected to pay for our services by credit card, and we
do not receive payment from the card issuer or its agents, you agree
to pay all amounts due upon demand by us. Each time you use Equity
Capital Fund, Inc.'s services, you agree and reaffirm that we are authorized to
charge your designated card. Your card issuer agreement governs your
use of your designated card in connection with our services, and you
must refer to your card issuer agreement with respect to any of your
rights and responsibilities as a cardholder.
8. Participation in Transactions
As an account holder with our broker-dealer subsidiary, our Web site
will permit you to (1) review investment opportunities presented by
our broker-dealer subsidiary, and (2) enter into correspondence with
or participate in transactions sponsored by third party financial
intermediaries. You acknowledge and agree that any such review,
correspondence or participation, including the delivery of and the
payment for securities and any other terms, conditions, warranties
or representations associated with such review, correspondence or
participation, are solely between you and the third party. BDirect
Capital shall have no liability, obligation or responsibility
whatsoever arising out of or in connection with any such review,
correspondence, or participation.
9. Links
Our Web site may provide links to other Web sites or resources. You
acknowledge and agree that Equity Capital Fund, Inc. is not responsible for
the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
Web sites or resources. You agree that Equity Capital Fund, Inc. shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, products, or services available on
such external sites or resources.
10. Proprietary Rights
You acknowledge that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other
material contained on this Web site or in sponsor advertisements or
commercially produced information presented to you through Equity
Capital Fund, Inc.'s services by Equity Capital Fund, Inc. or Equity Capital Fund, Inc.’s
advertisers, is protected by copyright, trademarks, service marks,
patents or other proprietary agreements and laws and you are only
permitted to use such content as expressly authorized by Equity
Capital Fund, Inc.'s or the advertiser, as applicable. These terms of service do
not transfer any right, title, or interest in Equity Capital Fund, Inc.’s
services or the content to you, and you may not copy, reproduce,
distribute, or create derivative works from content without express
authorization from Equity Capital Fund, Inc. or the advertiser, as applicable.
11. Acceptable Conduct
A. Sole Responsibility for Own Conduct.
You agree that you are solely responsible for your actions and the
content of your transmissions through or posting on our Web site.
B. No Illegal or Deceptive Acts.
You agree:
- to abide by all applicable local, state, national, and international laws and regulations in your use of Equity Capital Fund Inc. services (including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, rules of any national or other securities exchange or quotation system including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ Stock Market, and regulations having the force of law);
- not to use Equity Capital Fund, Inc.’s services for illegal purposes;
- not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you transmit through any portion of our Web site;
- not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- not to upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
- to comply with all laws regarding the transmission of technical data (including without limitation encryption) exported from the United States through Equity Capital Fund, Inc.’s services;
- not to disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other associates' ability to engage in real-time exchanges;
- not to use Equity Capital Fund, Inc.’s services to collect or harvest personal information, including, without limitation, financial information, about other associates; and
- to comply with all regulations, policies and procedures of networks connected to Equity Capital Fund, Inc.’s services.
C. Libelous or Scandalous Material.
You agree:
- not to post, promote or transmit through Equity Capital Fund, Inc.’s services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature;
- not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- not to interfere with another member’s use and enjoyment of Equity Capital Fund, Inc.’s services or another entity’s use and enjoyment of similar services, or engage in surveys, contests, chain letters or post or transmit “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of e-mail; and
- that Equity Capital Fund, Inc. neither endorses the content of any member communications, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of this Web site.
D. System Integrity.
You agree:
- not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or of this Web site;
- not to interfere or disrupt networks connected to Equity Capital Fund, Inc. services;
- not to use any device, software or routine, or otherwise attempt to interfere with the proper functioning of this Web site or any transactions being offered or conducted at this Web site;
- not to take any action that imposes an unreasonable or disproportionately large load on Equity Capital Fund, Inc.’s infrastructure; and
- not to disclose your username or password to third parties or use your username or password for any unauthorized purpose.
E. Copyright Infringement.
In the event that you infringe the copyrights of a third party,
Equity Capital Fund, Inc. shall terminate your access to its services in
accordance with Equity Capital Fund, Inc.’s copyright infringement policy
pursuant to the Digital Millennium Copyright Act. Equity Capital Fund, Inc.
maintains a special e-mail address for notifications of claimed
infringement concerning materials. All correspondence should be
addressed to Equity Capital Fund, Inc.’s “Designated Agent to Receive
Notification of Claimed Infringement” at info@equitycapitalfund.com or at Equity
Capital Fund, Inc. 2604B El Camino Real #335, Carlsbad, CA 92008. Associates may
contact Equity Capital Fund, Inc. with complaints regarding allegedly
infringing material and Equity Capital Fund, Inc. will investigate those
complaints. If the material is believed in good faith by Equity Captial Fund, Inc.
to violate any applicable law, Equity Capital Fund, Inc. will remove
or disable access to any such material and Equity Capital Fund, Inc. will
notify the posting member that the material has been blocked or
removed in accordance with its copyright infringement policy.
Equity Capital Fund, Inc. may, in its sole discretion, immediately terminate
your access to Equity Capital Fund, Inc.’s services should your conduct fail
to conform with any of these provisions. Some of the foregoing
prohibited acts are also punishable by law.
12. Quality, Use and Transmission of Content
You acknowledge that Equity Capital Fund, Inc. does not pre-screen content
transmitted or posted by associates in community forums and chat rooms,
including but not limited to text, software, music, sound,
photographs, video, graphics or other material, but that Equity Capital Fund, Inc.
shall have the right (but not the obligation) in its sole
discretion to refuse or remove any member transmitted content that
is available through its services. Without limiting the generality
of the foregoing, Equity Capital Fund, Inc. shall have the right to remove any
member content that violates these terms of service or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any content or member content, including
any reliance on the accuracy, completeness, or usefulness of such
content or member content. In this regard, you acknowledge that you
may not rely on any member content submitted to Equity Capital Fund, Inc..
You acknowledge and agree that Equity Capital Fund, Inc. may preserve member
content and may also disclose member content if required to do so by
law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce these terms of service; (c) respond to claims that any
member content violates the rights of any third party; or (d)
protect the rights, property, or personal safety of Equity Capital Fund, Inc.,
its users or the public.
You understand that the technical processing and transmission of
Equity Capital Fund, Inc.’s services, including any member content, may
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks
or devices.
13. General Practices Regarding Use and Storage
You acknowledge that Equity Capital Fund, Inc. may establish general practices
and limits concerning use of its services, including, without
limitation, the maximum number of days that e-mail messages, message
board postings or other uploaded member content will be retained by
the Equity Capital Fund, Inc. Web site. You agree that Equity Capital Fund, Inc. has no
responsibility or liability for the deletion or failure to store any
messages and other communications or other content maintained by or
transmitted through its services. You acknowledge that Equity Capital
Fund, Inc. reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that Equity Capital
Fund, Inc. reserves the right to change these general practices and
limits at any time, at its sole discretion, with or without notice.
14. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF EQUITY CAPITAL FUND, INC.’S SERVICES IS AT
YOUR SOLE RISK. THESE SERVICES ARE PROVIDED ON AN “AS IS” “AS
AVAILABLE” BASIS. EQUITY CAPITAL FUND, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL
WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE
OF PERFORMANCE. EQUITY CAPITAL FUND, INC. MAKES NO WARRANTY THAT THESE
SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THESE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BDIRECT
CAPITAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF ITS SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF
ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT
DEFECTS IN ITS SERVICES WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF EQUITY CAPITAL FUND, INC.’S SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM EQUITY CAPITAL FUND, INC. OR THROUGH OR FROM ITS SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
As a condition of membership, and in consideration of the services
provided by Equity Capital Fund, Inc., you agree that neither Equity Capital Fund, Inc.,
nor any officer, affiliate, manager, member, agent, or employee of
Equity Capital Fund, Inc. will be liable to you or any third party for any
direct, indirect, incidental, special, punitive, or consequential
loss of profits, loss of earnings, loss of business opportunities,
damages, expenses, or costs resulting directly or indirectly from,
or otherwise arising in connection with, any of the following:
- Reliance.
Your use of Equity Capital Fund, Inc.’s services, including, but not limited
to, damages resulting from or arising from your reliance on the
services or any content, or the mistakes, omissions, interruptions,
errors, defects, delays in operation, non-deliveries, mis-deliveries,
transmissions, eavesdropping by third parties, or any failure of
performance of any content.
- Termination.
The termination of your account by Equity Capital Fund, Inc. pursuant to these
terms of service.
- Disclosure.
Disclosure of your identity prior to any transaction.
- Infringement.
Any allegation, claim, suit, or other proceeding based upon a
contention that the use of Equity Capital Fund, Inc.’s services by you or a
third party infringes the copyright, patent, trademark, trade
secret, confidentiality, privacy, or other intellectual property
rights or contractual rights of any third party.
- Force Majeure.
Any delay or failure of Equity Capital Fund, Inc. to perform due to government
restriction, strikes, war, any natural disaster or any other
condition beyond Equity Capital Fund, Inc.'s control.
The limitations set forth in this section apply to the acts,
omissions, negligence, and gross negligence of Equity Capital Fund, Inc. and
its affiliates, subcontractors, employees, associates, managers, and
agents, which, but for this provision, would give rise to a course
of action in contract, or any other legal doctrine.
EQUITY CAPITAL FUND, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE EQUITY CAPITAL FUND, INC.’S SERVICES OR
FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR
RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM
UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA OR FAILURE OF THE SERVICES TO STORE YOUR TRANSMISSIONS OR
DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF EQUITY CAPITAL FUND, INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EQUITY CAPITAL FUND, INC.’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCES IS LIMITED TO THE AMOUNT OF FEES OR COMMISSIONS
COLLECTED BY EQUITY CAPITAL FUND, INC. FROM YOU IN RESPECT TO THE
TRANSACTION(S) TO WHICH THE DISPUTE PERTAINS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. No Resale of the Services
Your right to use Equity Capital Fund, Inc.’s services is personal to you. You
agree not to reproduce, duplicate, copy, sell or resell the
services, without the express consent of Equity Capital Fund, Inc..
17. Indemnification
You agree to indemnify, defend and hold harmless Equity Capital Fund, Inc.,
its subsidiaries, affiliates, associates, managers, officers, and
employees, from any claim or demand, including reasonable attorneys’
fees made by any third party due to or arising out of your use of
Equity Capital Fund, Inc.’s services, your violation of these terms of
service, or the infringement by you, or any other person using your
account or password, of any right of any person or entity.
18. Termination
Either you or Equity Capital Fund, Inc. may terminate access to Equity Capital
Fund, Inc. services with or without cause at any time and effective
immediately. Termination shall be accompanied by a written or
electronic notice to the other party. Equity Capital Fund, Inc. shall not be
liable to you or any third party for termination of its services.
Should you object to any provision of these terms of service or any
subsequent modifications thereto, or become dissatisfied with
Equity Capital Fund, Inc.’s services in any way, your only recourse is to
immediately: (a) terminate use of the services; and (b) notify
Equity Capital Fund, Inc. of termination. Upon termination of Equity Capital
Fund, Inc. services, your right to use the services shall immediately
cease and you acknowledge and agree that Equity Capital Fund, Inc. may
immediately delete the files in your account or bar any further
access to such files or its services; provided that, in the event
that Equity Capital Fund, Inc. modifies these terms of service and you do not
accept such modified terms, you shall have a period of ten (10) days
to remove your files and data from your account before Equity Capital
Fund, Inc. services terminate and your access to the services ceases.
You further agree that Equity Capital Fund, Inc. may terminate your password,
account, or use of the services in accordance with these terms of
service if you fail to use the services at least once during any six
(6) month period of time.
You agree that upon termination of your access to Equity Capital Fund, Inc.’s
services, you will: (1) pay any and all outstanding fees and
payments due to Equity Capital Fund, Inc. in full within thirty (30) days
after termination; (2) perform your obligations under all
outstanding sales or purchases; and (3) not disclose any information
that Equity Capital Fund, Inc. has designated as confidential.
19. Notices
All notices to a party shall be in writing and shall be made via
e-mail to info@equitycapitalfund.com for notices to Equity Capital Fund, Inc., or to the
e-mail address that you provide to Equity Capital Fund, Inc. as part of the
membership information for notices to you, or such other address as
either party may specify. Notice shall be deemed given 48 hours
after the e-mail is sent, unless the sending party is notified that
the e-mail address is invalid. Alternatively, notices to Equity Capital
Fund, Inc. may be sent by regular mail, postage prepaid to Equity Capital
Fund, Inc. address provided below. Equity Capital Fund, Inc. may also broadcast
notices or messages, or other matters of importance, on this web
site. Such broadcasts shall constitute notice to you.
20. Arbitration
Any dispute between you and Equity Capital Fund, Inc. arising out of these
terms of service or your use of Equity Capital Fund, Inc.’s services shall be
submitted to binding arbitration in accordance with the then
prevailing Commercial Arbitration Rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. Any arbitration
shall take place before a panel of three arbitrators, one of whom
shall be selected by you, one of whom shall be selected by Equity Capital
Fund, Inc., and the third of whom shall be selected by the other two
arbitrators. Judgment upon any award made in such an arbitration may
be entered and enforced in any court of competent jurisdiction. The
arbitrators shall apply the law of the State of California
and the arbitration shall be held in Carlsbad, California. The
arbitrators shall have the authority to award actual money damages,
specific performance, and temporary injunctive relief, but the
arbitrators shall not have the authority to award exemplary or
punitive damages, and the parties expressly waive any claimed right
to such damages. The costs and expenses of the arbitration, but not
the costs and expenses of the parties, shall be shared equally by
the parties; provided that if the arbitrators determine that one
party prevailed in the proceeding, then the other party shall bear
the entire cost and expense of the arbitration.
21. Caution Regarding Services Relating to Financial Matters
If you intend to use or rely upon Equity Capital Fund, Inc.’s services for
information regarding companies, stock quotes or valuations, or
investments in securities or any other instruments, you are advised
to reread the Disclaimer of Warranties and Limitation of Liability
sections of these terms of service. Such information is provided for
informational purposes only, and no content included in or
transmitted through Equity Capital Fund, Inc.’s services is intended to be
relied upon for trading or investing purposes. Equity Capital Fund, Inc. shall
not be responsible or liable for the accuracy, usefulness, or
availability of any information transmitted through its services,
and Equity Capital Fund, Inc. shall not be responsible for any trading or
investment decisions made based upon such information.
22. General
In the event that any provision of these terms of service shall, in
whole or in part, be determined to be invalid, unenforceable or void
for any reason, such determination shall affect only the portion of
such provision determined to be invalid, unenforceable, or void, and
shall not affect in any way the remainder of such provision or any
other provision of these terms of service. Equity Capital Fund, Inc. and you
agree to allow a court or arbitrator to replace such an invalid,
unenforceable, or void provision with a valid provision which is as
similar as possible in substance to the invalid, unenforceable, or
void provision. Equity Capital Fund, Inc.’s failure to act with respect to a
breach by you or others does not constitute a waiver of its right to
act with respect to subsequent or similar breaches. These terms of
service shall be governed by and construed in accordance with the
laws of the State of California, without regard to its
choice of law provisions. In the event of any conflict between
foreign laws, rules and regulations and those of the United States,
the laws, rules and regulations of the United States shall govern.
The United Nations Convention on Contracts for the International
Sale of Goods shall not apply to these terms of service. You hereby
consent to personal jurisdiction by the state and federal courts
located in San Diego County, California. These terms of service and
any modifications hereto constitute the entire agreement between the
parties with regard to the subject matter hereof and supersede all
prior understandings and agreements, whether written or oral, as to
such subject matter. Nothing contained in these terms of service
shall be deemed to constitute either party as the agent or
representative of the other party, or both parties as joint
venturers or partners for any purpose.
23. Acknowledgment
You acknowledge (a) that you have read and understood these terms of
service; and (b) that these terms of service have the same force and
effect as a signed agreement.
Equity Capital Fund, Inc.
2604B El Camino Real #335
Carlsbad, CA 92008
info@equitycapitalfund.com
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